Circular No. 23/2018/TT-BCT stipulates the management and implementation of environmental protection tasks in the industry and trade sector.

CIRCULAR

REGULATIONS ON MANAGEMENT AND IMPLEMENTATION OF ENVIRONMENTAL PROTECTION TASKS IN THE INDUSTRY AND TRADE SECTOR

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Law on Environmental Protection No. 55/2014/QH13 dated June 23, 2014;trroad sNo. 55/2014/QH13 ngtoy 23 tháng 6 năm 2014;

Pursuant to the State Budget Law No. 83/2015/QH13 dated June 25, 2015;13 ngày 25 tháng 6 năm 2015;

Pursuant to Decree No.1Pursuant to Decree No. 63/2016/NĐ-CP dated December 21, 2016 of the Government detailing the implementation of certain provisions of the State Budget Law;

The Minister of Industry and Trade issues this Circular regulating management and implementation of environmental protection tasks in the industry and trade sector using state budget funds for environmental purposes managed by the Ministry of Industry and Trade.concerning the classification and determination of state management authority in the field of crop productionờng ngành công thương,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular regulates management and implementation of environmental protection tasks in the industry and trade sector using state budget funds for environmental purposes managed by the Ministry of Industry and Trade.

Article 2. This Circular applies to organizations and individuals related to the management and implementation of environmental protection tasks using state budget funds for environmental purposes managed by the Ministry of Industry and Trade.

Article 2. Explanation of terms

In this Circular, the following terms shall be understood as follows:

1. Environmental protection task"Environmental protection task" means tasks and projects using state budget funds for environmental purposes managed by the Ministry of Industry and Trade, including contents prescribed in Article 3 of this Circular. Environmental protection tasks are implemented in the forms of tasks and projects and are specified in the Decision assigning environmental protection tasks issued by the Ministry of Industry and Trade.

2. Environmental protection planconcerning the classification and determination of state management authority in the field of crop productionờngmeans a collection of environmental protection tasks aimed at addressing one or more issues related to environmental protection work in the industry and trade sector.

3. Leading unit implementing the taskmeans a unit with sufficient capacity assigned or contracted by the Ministry of Industry and Trade to implement environmental protection tasks.

Article 3. Environmental Protection Tasks

Environmental protection tasks must originate from practical requirements of environmental protection work under the responsibility of the Ministry of Industry and Trade and comply with current regulations, including the following contents:

1. Developing and implementing programs, projects, plans, mechanisms, and policies for environmental protection assigned to the Ministry of Industry and Trade by the Government, Prime Minister, or competent authorities.

2. Establishing and maintaining information systems and databases on the environment in the industry and trade sector.

3. Developing technical standards, technical regulations, and technical procedures for environmental protection concerning specific production processes and emissions in the industry and trade sectors; developing environmental standards for products to ensure domestic environmental protection requirements as well as international economic integration.

4. Developing and issuing technical guidance materials, economic and technical norms serving waste management, waste auditing, and environmental management in industries and fields under the Ministry of Industry and Trade's jurisdiction; developing and disseminating exemplary models and advanced practices in pollution prevention and control in the industry and trade sector.

5. Implementing environmental monitoring programs, compiling reports on environmental protection work in the industry and trade sector, environmental impact reports for various fields in the industry and trade sector, periodic and ad hoc specialized environmental reports.

6. Reviewing strategic environmental assessment reports within the Ministry of Industry and Trade’s authority; inspecting and supervising compliance with environmental laws by enterprises in the industry and trade sector.

7. Promoting, disseminating, and educating about environmental laws; conducting professional training on environmental protection; organizing awards for environmental protection work in the industry and trade sector.

8. Activities of Steering Committees, Management Boards, and Permanent Offices for environmental protection as decided by competent authorities; counterpart funds for international cooperation projects on environmental protection (if any) and other activities related to environmental protection tasks approved by the Minister of Industry and Trade.

9. Performing urgent tasks assigned by competent authorities or the Minister of Industry and Trade (if any).

Chapter II

SPECIFIC PROVISIONS

Section I. Plan Development

Article 4. Registration and Compilation of Environmental Protection Plans

1. In the first quarter of each year, based on management requirements, strategies, programs, and national and sectoral environmental protection plans, the Ministry of Industry and Trade shall issue guidance documents for units to register their environmental protection tasks for the following year. The guidance content will be simultaneously published on the Ministry of Industry and Trade's and the General Department of Safety and Industrial Environment's websites.

2. Based on the guidance from the Ministry of Industry and Trade, organizations and individuals submit registration files for environmental protection tasks to the General Department of Safety and Industrial Environment. The registration file for environmental protection tasks includes:

a) A proposal document for environmental protection tasks at the ministerial level;

b) An aggregated list of proposed environmental protection tasks arranged in order of priority according to model B1a-DMĐXMT-BCT;

c) A detailed outline of environmental protection tasks according to model B1b-TMĐXMT-BCT.

3. Methods of Submitting the Registration File for Environmental Protection Tasks.

Organizations and individuals may send the registration file via postal service, direct submission, or through electronic information networks.

a) In cases where the file is sent via postal service or submitted directly,

The number of files includes one original set (with stamps and signatures) bound into one volume, presented and printed on A4 paper, using Vietnamese font (Times New Roman) according to Vietnamese standard (TCVN 6909:2001).

b) In cases where the file is sent through an electronic information network,

Organizations and individuals send the registration file for environmental protection tasks to the email address: [email protected].

Files sent electronically include a scanned copy of the original file (with stamps and signatures), complying with the provisions of Clause 2 of this Article.

4. Based on the registration files of the units, the General Department of Safety and Industrial Environment compiles a list of environmental protection tasks and submits it to the Ministry of Industry and Trade to establish a Review Committee to examine the detailed outlines of environmental protection tasks.

5. The review of the detailed outlines of environmental protection tasks is conducted as follows:

a) For regular tasks such as organizing training courses, seminars, publicity campaigns; publishing articles in newspapers and magazines; reviewing strategic environmental impact assessments; inspecting environmental protection work... the General Department of Safety and Industrial Environment reviews based on the implementation content.

b) For environmental protection tasks not covered under point a, Clause 5 of this Article, the review of the detailed outlines is conducted through the Review Committee.

6. Activities of the Review Committee

a) The Review Committee for the detailed outlines of environmental protection tasks consists of at least seven members including one Chairperson, one Deputy Chairperson, and one Secretary, with other members being representatives of subordinate units of the Ministry and experienced experts with relevant professional qualifications corresponding to the nature and content of the environmental protection tasks.

b) The Review Committee is responsible for advising the leadership of the Ministry of Industry and Trade to determine and select proposals for implementation; analyzing, evaluating, and making preliminary recommendations regarding the objectives, contents, expected results, methods of implementation, and budget estimates for environmental protection tasks.

c) Principles and Procedures for the Work of the Review Committee

- The committee operates on the principles of democracy and objectivity; individual members are responsible for the objectivity and accuracy of independent advisory opinions, while the committee collectively bears responsibility for its final conclusions. Committee conclusions are adopted when at least two-thirds of the attending members agree through direct voting or secret ballot. At least two-thirds of the committee members must attend meetings, including the Chairperson or Deputy Chairperson and the Secretary.

- The committee evaluates based on received files. The Chairperson controls the meeting. If the Chairperson is absent, the Deputy Chairperson controls the meeting. Members attending the meeting have the responsibility to fill out evaluation forms according to model B2a-PĐGĐX-BCT.

- After members of the committee complete the evaluation forms for the proposed environmental protection tasks, the committee secretary compiles the evaluation forms according to model B2b-BBKPĐGĐX-BCT.

- The committee secretary is responsible for drafting the minutes of the committee's work according to model B2c-BBTĐTMĐC-BCT.

- Based on the committee's working minutes, the General Department of Safety and Industrial Environment completes the Ministry of Industry and Trade's environmental protection plan and sends it to the Ministry of Natural Resources and Environment and the Ministry of Finance as prescribed.

Article 5. Assignment of Environmental Protection Tasks

1. Based on the opinions of the Ministry of Natural Resources and Environment and the Ministry of Finance regarding the environmental protection plan, the Ministry of Industry and Trade shall review and approve the Decision on the assignment of environmental protection tasks for the planning year. The approval shall be carried out in December of the year preceding the planning year.

2. Based on the decision of the Ministry of Finance concerning the allocation of revenue and expenditure budget for the environmental public service for the Ministry of Industry and Trade; based on the decision of the Ministry of Industry and Trade assigning environmental protection tasks for the planning year, the Department of Finance and Enterprise Renewal shall submit to the leadership of the Ministry for approval and allocation of the expenditure budget for environmental public services to the units responsible for implementation in accordance with the laws on state budget.

Section II. Implementation of the Plan

Article 6. Organization and implementation of the plan

1. Based on the decision of the Minister of Industry and Trade assigning environmental protection tasks, the list of environmental protection tasks to be implemented in the planning year will be published on the electronic portal of the Ministry of Industry and Trade and the General Directorate of Safety Technology and Environmental Industry.

Units assigned environmental protection tasks in the planning year shall have the responsibility to complete the outline and sign contracts for implementation.

The contract for implementing environmental protection tasks is stipulated in form B3-HDMT-BCT.

2. During the implementation process, if there are changes or adjustments to the approved outline of environmental protection tasks, depending on the extent of adjustment, the units shall act as follows:

a) In cases where changes or adjustments do not affect the contents already approved in the decision on the assignment of environmental protection tasks, the leading unit shall submit a written report and explanation to the General Directorate of Safety Technology and Environmental Industry for consideration and resolution. The leading unit may only adjust the outline of environmental protection tasks upon written approval from the General Directorate of Safety Technology and Environmental Industry.

b) In cases where changes or adjustments affect the contents already approved in the Decision on the assignment of environmental protection tasks, the leading unit shall submit a written report and explanation to the General Directorate of Safety Technology and Environmental Industry for consolidation and reporting to the Ministry of Industry and Trade for resolution. The leading unit may only implement adjustments to the outline of environmental protection tasks upon written approval from the Ministry of Industry and Trade.

Article 7. Mid-Term Reporting and Inspection of Environmental Protection Task Implementation

1. Based on the progress of the Contract, the leading unit shall have the responsibility to submit mid-term reports to the General Directorate of Safety Technology and Environmental Industry according to form B4a-BCGK-BCT.

2. Based on the results of the reports submitted by the units, the General Directorate of Safety Technology and Environmental Industry shall organize inspections and evaluations of the implementation of environmental protection tasks. Unscheduled inspections shall be conducted when necessary. The mid-term inspection record is stipulated in form B4b-BBKTGK-BCT.

Section III. Acceptance and Submission of Results

Article 8. Acceptance of Results

Annually, environmental protection tasks must be evaluated and accepted at the local acceptance board and the Ministry-level acceptance board according to the approved content and budget. The implementing agency is responsible for conducting the local acceptance and bears legal responsibility for the acceptance results.

The Ministry-level acceptance board shall be established by the Ministry of Industry and Trade, comprising representatives of relevant agencies and experienced experts with appropriate professional qualifications corresponding to the nature and content of the environmental protection tasks.

Article 9. Organizing the Ministry-level Acceptance

1. The evaluation of the results at the Ministry level shall be conducted after the management agency receives all the proposal files from the leading agency implementing the environmental protection task.

2. The proposal file for evaluating the acceptance of the results of the environmental protection task at the Ministry level includes:

a) One request document for evaluating the acceptance of the environmental protection task from the leading agency;

b) One final report on the implementation of the environmental protection task;

c) One set of assessment forms, comments from the members of the Council, and minutes of the basic-level acceptance Council meeting (Photocopy or scanned copy);

d) Decision on assigning the task, detailed plan approved (Photocopy or scanned copy).

3. Activities of the Ministry-level Acceptance Council

a) The Ministry-level Acceptance Council examines and evaluates the quality of products, the extent to which the objectives have been achieved compared to the approved detailed plan, and the contents that need further review and improvement.

b) The number of members of the Ministry-level Acceptance Council must be at least seven members. The Ministry-level Acceptance Council will only convene when at least two-thirds of the members are present, including at least one opposing member. The Chairman controls the meeting session. In case the Chairman is absent, the Vice-Chairman will control the meeting session. Members participating in the meeting session are responsible for completing the assessment form according to model B5a-PDGNT-BCT.

c) The Ministry-level Acceptance Council evaluates the results of the environmental protection task through voting, with one of two levels: "Pass" or "Fail". The project will be evaluated as "Fail" if fewer than two-thirds of the members present vote "Pass". The ballot counting record will be established according to model B5b-BBKPN-BCT.

d) The minutes of the Ministry-level Acceptance Council meeting will be established according to model B5c-BBHDNT-BCT as the basis for acceptance and settlement of the environmental protection tasks of the leading units.

Article 10. Submission of Products and Application of Results of Environmental Protection Tasks

1. After receiving the Minutes of the Ministry-level Acceptance Council meeting notification, withinthirty daysfrom the date of the Council meeting, the leading agency is responsible for completing the files and products of the environmental protection task and sending them to the Department of Industrial Safety and Environment Technology: one hard copy and one soft copy on CD, product images (if any), one summary report on the completed environmental protection task content to be published on the communication means of the Ministry of Industry and Trade.

2. The results and products of the environmental protection task, after being submitted and accepted, will be disseminated and applied to related units inside and outside the Ministry of Industry and Trade in accordance with regulations.

Chapter IV. Settlement of Contracts, Finalization of Expenses

Article 11. Settlement of Environmental Protection Task Contracts

Based on the Minutes of the acceptance of the results of the environmental protection task, the contract settlement with the leading unit will be carried out within ten days from the date of receiving the fully revised products according to the Council's opinions. The Minutes of the contract settlement are specified in model B6a-BBTLC-BCT.

Article 12. Financial Settlement

1. For units implementing the task as direct budgetary units under the Ministry, the Financial Department and Enterprise Reform Department will oversee the finalization of environmental protection expenses.

2. For units implementing the task not belonging to direct budgetary units under the Ministry (units receiving funds through the account of the Department of Industrial Safety and Environment Technology), the Department of Industrial Safety and Environment Technology will oversee the finalization of environmental protection expenses and simultaneously compile into the final report of the Department for the Ministry of Industry and Trade to review and approve in accordance with the state budget law. Units will build the expense finalization voucher list according to model B6b-BKQTCT-BCT.

3. For environmental protection tasks implemented over multiple years, the Department of Industrial Safety and Environment Technology will conduct acceptance of the volume each year. Within thirty days from the date of the Ministry-level Council acceptance, the leading unit implementing the task is responsible for compiling the final report on the expenses used in the year and the comprehensive report on the total expenses of the completed task.

ChapterIII

IMPLEMENTATION

Article 13. Responsibilities of Units

1. Department of Safety and Environmental Technology

a) Uniformly manage environmental protection tasks using funds from the Ministry of Industry and Trade-managed environmental public service fund;

b) Be responsible for guiding, organizing the implementation, and inspecting the execution of this Circular, reporting regularly to the Ministry leadership annually;

c) Lead the establishment and management of the database on environmental protection tasks of the Ministry of Industry and Trade, organize the dissemination and application of the results of environmental protection tasks.

2. The Financial Department and Enterprise Reform Department

a) Be responsible for guiding financial procedures and current regulations for units and individuals participating in the implementation of environmental protection tasks;

b) Lead the inspection of the finalization of environmental protection expenses for units implementing tasks as direct budgetary units under the Ministry.

3. Leading Unit Implementing the Task

a) Directly manage the implementation of environmental protection tasks including: Assigning tasks, signing contracts with organizations or individuals cooperating; submitting to the Ministry of Industry and Trade (through the Department of Industrial Safety and Environment Technology) for approval of the tender selection plan, repair, procurement of raw materials, chemicals, tools for the environmental protection task; supervising progress, inspecting implementation, and organizing acceptance in accordance with regulations;

b) When necessary, propose the Ministry of Industry and Trade to adjust the content, budget, time frame, and individual in charge of the environmental protection task.

Article 14. Effective Date

1. This Circular takes effect from October 12, 2018, and replaces Circular No. 36/2011/TT-BCT dated September 28, 2011, of the Ministry of Industry and Trade on tasks and projects for environmental protection in the industry and trade sector.

2. The Head of the Ministry's Office, the Director of the Industrial Safety and Environmental Protection Department, the Director of the Financial and Enterprise Reform Department, the Heads of relevant agencies and units shall be responsible for implementing this Circular in accordance with their assigned functions and tasks.

3. In case of any difficulties during implementation, agencies and units shall promptly reflect such issues in writing to the Ministry of Industry and Trade for consideration and resolution./.